*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 529

CA 14-02069

PRESENT: CENTRA, J.P., CARNI, SCONIERS, VALENTINO, AND WHALEN, JJ. SANTO S. SCRUFARI, PLAINTIFF-APPELLANT,

V ORDER CHUBB CORPORATION, DOING BUSINESS AS

CHUBB GROUP OF INSURANCE COMPANIES, DEFENDANT,

AND FEDERAL INSURANCE COMPANIES, DEFENDANT-RESPONDENT. HARRIS BEACH PLLC, BUFFALO (RICHARD T. SULLIVAN OF COUNSEL), FOR PLAINTIFF-APPELLANT.

SHERRARD, GERMAN AND KELLY, P.C., PITTSBURGH, PENNSYLVANIA (KAREN Y. BONVALOT, OF THE PENNSYLVANIA BAR, ADMITTED PRO HAC VICE, OF COUNSEL), AND NIXON PEABODY LLP, BUFFALO, FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Niagara County (Timothy J. Walker, A.J.), entered January 30, 2014. The order, among other things, granted the cross motion of defendant Federal Insurance Companies for summary judgment dismissing plaintiff’s complaint.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: May 1, 2015 Frances E. Cafarell

Clerk of the Court